SOLOMAN C BARKER Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THIS application is filed by the legal heirs of deceased Soloman C. Barker who was an ex-employee of M/s. Mysore Kirloskar Limited, Harihar, which was under liquidation, seeking for disbursement of claims of the deceased without insisting for production of Succession Certificate.

(2.) IT is submitted that appellants' name are required to be entered in the adjudication proceedings by the Official Liquidator. It is also contended that they are unable to file Probate & Succession case before the Civil Court to obtain succession Certificate and they are ready and willing to give indemnity bond, and as such, they are seeking direction to the Official Liquidator to accept the indemnity bond and to enter the names of the applicants. They have also sought for direction to the Official Liquidator to issue Form No.69 to the legal heirs of the deceased.

(3.) TODAY, by means of a separate order in CA No.666 of 2012 in Company Petition No.166 of 2001, wherein the respondent in that petition and the respondent in the present petition are same, this Court has issued direction to the Official Liquidator to disburse the amount on production of survivor-ship certificate and on execution of an indemnity bond.